Annexes to COM(2006)2 - Pursuant to the second subparagraph of Article 251 (2) of the EC Treaty concerning the common position of the Council on the adoption of a Regulation of the European Parliament and of the Council on nutrition and health claims made on foods

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annex taking notably account of recent scientific advances, and inserted a new recital 21 stating that claims such as “lactose free” or “gluten free” should be dealt with in Directive 89/398/EEC.

4- CONCLUSION

The common position includes numerous amendments of the European Parliament and introduces important clarifications and improvements to the original Commission text. The Commission can support the new text, although it does not include all the changes put forward by amendments of the European Parliament, which the Commission could accept as such, partially or with drafting changes.

5- DECLARATIONS

The Commission made a declaration which was attached to the minutes of the Council and is also attached in annex to this communication.

ANNEX: COMMISSION DECLARATION

Following the invitation of the Council the Commission agrees, in the context of amendments to the Annex, to examine possible clarifications of the claim "source of [name of vitamin/s] and or [name of mineral/s].